Recital (18)

The EU Talent Pool should contribute to the objective of discouraging irregular migration, including by facilitating access to existing legal pathways. Jobseekers from third countries who are subject to a judicial or administrative decision refusing entry or stay in a Member State, or an entry ban as referred to in Directive 2008/115/EC of the European Parliament and of the Council, should not be allowed to register on the IT Platform, given that they would not be permitted to enter or stay in the Union. To that end, before registering on the IT Platform, jobseekers from third countries should be required to declare that they are not currently subject to a national judicial or administrative decision refusing entry or stay in a Member State or to an entry ban as referred to in Directive 2008/115/EC. Information should be provided on the IT Platform informing jobseekers from third countries that if they are subject to such a decision or entry ban, admission to the territory of the Member States is prohibited and, therefore, they should not create a profile on the IT Platform. Information should also be provided on the consequences of making a false declaration in that respect, in particular, that their profiles would be removed from the IT Platform. The fact that certain third-country nationals are not entitled to enter or stay in the Schengen area could be revealed when carrying out necessary security checks in relevant Union and national databases, such as the Schengen Information System, as part of Member States’ immigration procedures. In cases where the national immigration authority issues a decision rejecting an application for entry by a jobseeker from a third country based on an administrative decision refusing the entry or stay in a Member State or on an entry ban as referred to in Directive 2008/115/EC, and where the national immigration authority becomes aware that the jobseeker in question has been selected for a job vacancy through the EU Talent Pool, the national immigration authority should transmit that information to the National Contact Points for the purpose of removing that jobseeker’s profile from the IT Platform. Information should be available on the IT Platform informing jobseekers from third countries that registration in the EU Talent Pool is not a guarantee that security checks required as part of national immigration procedures have been carried out.